WASHINGTON-The transition to digital TV moves forward-or does it? The messages were mixed last week as the Federal Communications Commission denied broadcasters must-carry rights and industry leaders called for a hard date even as a key senator was saying he does not favor a hard date for the transition.
In a much-anticipated decision, the FCC on Thursday said cable companies are constitutionally not required to carry all of the video streams offered by a broadcaster. Broadcasters had sought a ruling where “primary video channel” would be interpreted as all of their video streams.
“If some video is primary, it necessarily follows that some is secondary. The view urged by broadcasters that primary video includes all their video without limitation proves too much and, to my mind, effectively strikes the restriction from the books,” said outgoing FCC Chairman Michael Powell.
FCC Commissioner Kevin Martin dissented from the decision regarding multicasting, claiming that more free TV would be a good thing. “The FCC made a policy judgement that the benefits of this programming were outweighed by the burden on cable operators. I disagree. I think the public would benefit more from more free programming,” said Martin.
The must-carry decision was the big news last week, but mobile-phone carriers that hope spectrum in the 700 MHz band, occupied by TV broadcasters, soon will be available, should take note that Sen. Ted Stevens (R-Alaska), chairman of the Senate Commerce Committee, told reporters that he does not favor a hard date for the DTV transition.
In 1997, Congress said that on Jan. 1, 2007, broadcasters had to return the extra six megahertz of spectrum given to TV broadcasters to facilitate the digital transition. But there was a caveat. TV broadcasters could keep the spectrum if more than 15 percent of the homes in their viewing area could not receive a digital signal.
Removing the caveat has become known as establishing a hard date and has been widely encouraged by the wireless industry.
“We think it is vital that a hard date be established as close to Dec. 31, 2006, as possible,” Edward Zander, chairman and chief executive officer of Motorola Inc., told the House telecommunications subcommittee last week.
The House telecommunications subcommittee is expected to hold a hearing this week on the issue with the hope of passing a bill. Rep. Fred Upton (R-Mich.), chairman of the House telecommunications subcommittee, told RCR Wireless News that witnesses at the hearing will need to prove why Dec. 31, 2006, is not a viable date.
“Mr. Barton talked about a hard date, the one that is in place now,” said Upton. “I want a hard date as well and I think you have to present evidence if you want to move it from that date.”
Rep. Joe Barton (R-Texas) is chairman of the House Commerce Committee.
If the House is successful in passing a hard date, it could run into a wall in the Senate since it would have to be approved by Stevens’ committee.
